Tort Law as a Remedy for Terrorism

Authors

Boaz Segal

Abstract

This article examines two basic questions. First, can tort law suits against operatives in various circles of the world of terrorism be added to the toolkit of deterrence? Second, assuming that the answer to the first question is in the affirmative, how can tort law be structured to effectively deter terror operatives? With respect to the first question, despite the intuitive assumption that the relevant branches of the law in such cases are criminal, international, and counter-terrorism law rather than the various branches of private law, this article argues that tort law is capable of serving as a significant deterrent in the fight against terrorism. The Article presents three ways in which this can be accomplished: (a) imposing significant restitution on the operatives engaged in various aspects of terrorist activities; (b) exposing and identifying terror operatives by means of tort law action; and (c) initiating legal proceedings to raise awareness, exert public pressure, and cause reputational damage. Following this analysis, the Article examines the second basic question, explaining how tort law can be structured to create effective deterrence for perpetrators of terrorism. The Article sets forth preliminary guidelines for a comprehensive tort law system based on six pillars: (a) granting extra-territorial jurisdiction to countries that are fighting terrorism; (b) extension of the boundaries of tortious liability; (c) restructuring the rules of evidence and liability in civil proceedings; (d) creating effective mechanisms for collecting the restitution imposed on tortfeasors; (e) the establishment of statutory compensation funds; and (f) strengthening international legal cooperation. In this way, tort law can serve the interests of both injured parties and the public. This article concludes that even if tort law does not provide complete deterrence and even if the goal of deterrence is not easily achievable, it can make an important contribution to deterring terrorism

Recommended Citation

Segal, Boaz (2025) "Tort Law as a Remedy for Terrorism," Touro Law Review: Vol. 40: No. 4, Article 6.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/6